CORRUPTION ERADICATION STRATEGIES AS PART OF IMPROVING GOVERNANCE IN THE PUBLIC SERVICE

Transcription

1 CORRUPTION ERADICATION STRATEGIES AS PART OF IMPROVING GOVERNANCE IN THE PUBLIC SERVICE PRESENTATION BY MR. MUMO MATEMU, MBS CHAIRPERSON OF THE ETHICS AND ANTI- CORRUPTION COMMISSION- MONDAY 2 ND SEPTEMBER 2013 AT UTALII COLLEGE TO MDAs SALUTATIONS Cabinet Secretary Ministry of Devolution and Planning - Ms. Ann Waiguru OGW All Principal Secretaries present Senior Officials Ladies and Gentlemen INTRODUCTION Work procedures, policies and practices premised on sound integrity and ethical principles support institutions in the effective delivery of their mandates; irrespective of whether an institution is in the business of revenue collection; service; teaching or in research. Integrity and ethical principles should therefore underpin all business processes and be mainstreamed in the daily work procedures of Ministries, Department and Agencies (MDAs) The corruption Eradication strategy therefore applies to all institutions without exception. Page 1 of 9

2 10 TH CYCLE CORRUPTION ERADICATION STRATEGIES It is now ten years since the launch of the performance Contract concept in the public sector. While a lot has been achieved by MDAs in areas of service delivery and revenue collection, a lot still need to be done especially in addressing institutional integrity and ethics. The 10 th cycle Corruption Eradication strategies have been enhanced in an Endeavour to escalate the fight against corruption and shift the focus of public institutions from processes to outcomes and deliverables. The enhanced framework is also as a response to the Presidential directive on the need to develop effective measures against corruption. The Corruption Eradication strategies are categorized into five thematic levels. Each of the five levels has clearly defined subindicators and expected deliverables. The framework provides a road map for implementation of an institutional anti-corruption agenda along the following thematic levels: 1. Anti-Corruption framework 2. Institutionalized Corruption Prevention 3. Corruption Control 4. Zero tolerance to corruption 5. Integrity certification Institutions are required to progress from level one (1) to level five (5) to attain Integrity Certification within a period of 5 years. Level 1 Anti-Corruption Framework At level one, institutions are expected to establish the anti-corruption plan which includes governance documents; operationalizing the Corruption prevention/integrity Committees in line with the EACC guidelines; vetting of management and building institutional capacity for implementation of the anti-corruption plan. Level 2 institutionalized Corruption Prevention Page 2 of 9

3 The focus in level 2 is on implementation of the provisions of the Anti-Corruption framework developed under Level 1 to include implementation of Codes of conduct; and corruption risk management plans Level 3 Corruption Control Level 3 focuses on continuous implementation of the corruption risk management plans; external auditor reports (on corruption related issues) and organizational culture and ethics programmes Level 4 - Zero tolerance to corruption At level 4 institutions will be expected to demonstrated commitment to enhanced transparency, accountability; service delivery; and ethical culture. Key deliverables include vetting of staff; reports on specific strategies implemented and overall ranking in corruption perception rankings Level 5 Integrity Certification In certifying institutions the Commission will adopt a multi- sectoral approach incorporating various oversight agencies; and stakeholders to co-ordinate an objective certification programme The presentation highlights seven key strategies to enhance institutional integrity and ethics. (i) Anti-Corruption Policy The first step for an organization developing an effective anticorruption programme is to articulate a clear policy that promotes zero tolerance of corrupt practices. While most institutions have over the years developed Anti- Corruption policies there has been little or no corresponding commitment in terms of implementation and practice at the institutional levels. A critical condition to successful implementation is top-level commitment to the Anti-Corruption Policy. MDAs should Page 3 of 9

4 move beyond development to implementation and practice of the provisions of the policy and provide reports on specific aspects implemented and verifiable outcomes. At the National level the Government is reviewing the draft National Anti-Corruption Plan to align it to the new dispensation and the legislative framework. The National Policy once developed will complement institutional policies. (ii) VETTING OF MANAGEMENT AND STAFF The requirement for vetting of Chief Executives and Heads of Departments as provided for under level 1; and staff under level 4 were introduced in line with Chapter six of the Constitution of Kenya and the Leadership and Integrity Act. Indeed the provisions of Chapter six apply to those in leadership positions and all public officers. The objective of vetting is to assess an individual s suitability for employment. The assessment entails reviewing a person s compliance with relevant standards of skills, competence, integrity and professional conduct, including a person s financial propriety. It consists of background investigation that attempts to determine whether past behavior is a matter of concern for future reliability, loyalty, and trustworthiness. By subjecting itself to Integrity vetting, management and public officers will be attesting their commitment in upholding the provisions of Chapter Six of the Constitution. Institutions desiring to enhance institutional integrity and ethics should embrace the practice. The Commission vetted its staff earlier in the year and will be wiling to support institutions in this endeavour (iii) COMMIT TO A PROPER STANDARD OF ETHICAL CODE OF CONDUCT AND PROMOTION OF PUBLIC GOOD Page 4 of 9

5 The public sector is the biggest consumer of private goods and services. There are well founded concerns that public officers engages in business with government. To address the real or perceived perception, there is need for public officers to commit themselves to a proper standard of ethical conduct and the promotion of public good. The Leadership and Integrity Act 2012, has also raised the thresholds for leadership, moral and ethical behavior for state and public officers. In this regard all public institutions are required to align their Codes of Conduct to the provisions of the Leadership and Integrity Act. Some of the key provisions which the Commission will expect institutional Codes to provide include: Conflict of interest disclosure/declaration Gifts or benefits in kind disclosure/declaration Perform duties efficiently and honestly to the best of his ability Observance of official working hours Appointments on basis of integrity, competence and suitability Tax Compliance The opening of conflict of interest and gifts registers are key requirements that all institutions will be expected to adhere to. Development of regulations to guide in the opening and management of the registers are at an advanced stage and will be disseminated to all institutions. Under Section 11 (1) (f) of the Ethics and Anti-Corruption Act 2011, the Commission is mandated to oversee the enforcement of codes of ethics prescribed for public officers; to monitor compliance with the provision of conflict of interest, all MDAs will be required to submit to the Commission together with the quarterly reports, information on all tenders and contracts awarded which are above the threshold of ksh.500, The Commission will issue a template for submissions of the information and the details required. Page 5 of 9

6 (iv) CORRUPTION RISK ASSESSMENT AND MANAGEMENT PLANS A core factor in corruption control and enhanced accountability is the strengthening of internal controls to mitigate against corruption. In undertaking corruption risk assessments institutions should be objective and identify ALL loopholes that facilitate corruption. The Corruption risk assessment and Management Plan should capture the strategies to be employed in sealing the corruption loopholes identified; provide for the actors and timelines for effective monitoring and resources where applicable. The focus of the Corruption risk management plans is simplification of procedures; segregation of duties minimize discretion and enhanced use of ICT to minimize contacts between employees and clients. This calls for Continuous corruption risk assessment of all the organization s operational areas and updating the management plans. Indeed the concept of corruption risk assessment and management runs through all the thematic levels. All institution should submit their Corruption risk assessment Reports to the Commission. Quote Anti-corruption agencies the world will testify, that even in countries recording the lowest corruption incidences, it is not that the citizens are moulded from superior clay free from temptations, it is the presence of strong, transparent & simplified systems which acts as a deterrent to corruption as the chances of getting caught are very high Former Director Anti-Corruption Commission (v) ATTITUDE AND BEHAVIORAL CHANGE PROGRAMMES Page 6 of 9

7 Institutions have a responsibility to Inculcate values of integrity and ethical behaviour in daily life of public officers through continuous sensitization and application of public officer ethics Act; Leadership and Integrity Act 2012 and the civil service code. The Commission has over the years developed a pool of officers across the public service equipped with skills to undertake sensitization and awareness programmes on integrity and ethics. Management should harness and utilize this resource for cost effective programmes on attitude and behavioral change. The Commission will collaborate and support institutions in this endeavor. (vi) MECHANISMS FOR REPORTING CORRUPTION Corruption reporting mechanisms can be an effective deterrent strategy against corruption. However this needs to be accompanied by a clear policy on protection of whistler blowers to encourage employees to report without fear of victimization. Besides institutions should provide internal procedures for handling corruption and take action on reported cases Management is responsible for providing a conducive environment for employees to report corruption (vii) MANAGEMENT COMMITMENT. A successful anti-corruption framework calls for management commitment. Unless management gives practical effect through rigorous enforcement, the principles the programme stands for will not be of any value. I say this because at the Commission, we receive reports of moribund Corruption Prevention Committees. We get reports of Page 7 of 9

8 management that is not committed to implementing anti-corruption programmes. We also get reports of victimization and intimidation of those who appear to be pushing an anti-corruption agenda at the workplace, an indication that an anti-corruption culture is far from taking root in the country s public service. Management Commitment will give policy and strategic direction in respect to anti-corruption agenda, provide role modeling and the requisite environment for implementation programmes. Management is therefore expected to: Provide strategic direction in anti-corruption agenda; Provide leadership in Corruption Prevention/Integrity Committees Support in setting up Ethics and Integrity Units/capacity building of officers Offer guidance in the implementation of Anti-Corruption Policies; Codes of Conduct and demonstrate their commitment by upholding the principles provided for in the institutional Codes of Conduct and Chapter Six of the Constitution of Kenya. Collaborate with the Commission in developing and implementing an attitude and behavioral change programme for employees. There is a correlation between management commitment and improved integrity at the institutional level. Examples of institutions where management has demonstrated commitment and improved integrity include: Kenya Coconut Development Authority; University of Nairobi and Kenya Electricity Transmission Company Ltd. (KETRACO) just to name a few WAY FORWARD The Commission will continue to collaborate with MDAs and provide support in the implementation of the programme. The Commission is therefore working on implementing an online system to facilitate submission of quarterly reports by MDAs and timely feedback. We shall continue to collaborate in: Page 8 of 9

9 Sensitization and awareness programmes on; attitude, behavioral change and anti-corruption Support institutions on Corruption risk assessment, development and implementation of management plans Advisory on development of governance documents and best practices Monitor implementation of the programme Commission to devolve services to the regions CONCLUSION I have highlighted some of the key requirements under the five levels. The detailed guidelines will be distributed and my officers will be available through out the week to offer advise and guide institutions as you embark on the negotiations and vetting exercise. If realized the five (5) thematic areas offer considerable promise towards improving institutional integrity and ethics and I appeal to all institutions to positively embrace the enhanced framework. Comprehensive guidelines to support institutions in implementation of the framework are also available on the EACC website Others have done it, it cam be done Page 9 of 9